With the passing of disputations between Jewish and Christian thinkers as to whose tradition has a more universal ethics, the task of Jewish and Christian ethicists is to constitute a universal horizon for their respective bodies of ethics, both of which are essentially particularistic being rooted in special revelation. This parallel project must avoid relativism that is essentially anti-ethical, and triumphalism that proposes an imperialist ethos. A retrieval of the idea of natural law in each respective tradition enables the constitution (...) of some intelligent common ground for ethical cooperation in both theory and practice between the traditions. This essay also suggests how the constitution of this common ground could include Muslims as well. The constitution of this common ground enables religious ethicists to present more cogent ethical arguments in secular space, but only of course, when those who now control secular space are open to arguments from members of any religious tradition. (shrink)

Our goal in this paper is two-fold. First, we aim to clarify two ways in which contemporary Christian bioethicists have erred, on Engelhardt’s account, in their attempts to do bioethics within a distinctively non-Christian idiom, namely, either (1) by rejecting a principal metaethical thesis or (2) by misrepresenting a principal moral-epistemological thesis of natural-law ethics, properly construed. Second, we intend to show not only that Engelhardt can and should endorse the Christian bioethicists’ use of non-Christian moral idioms in the public (...) square but also—perhaps to the surprise both of his critics and of his supporters—that he does, in fact, do so. (shrink)

Karl Barth and the displacement of natural law in contemporary Protestant theology -- Development of the natural-law tradition through the high Middle Ages -- John Calvin and the natural knowledge of God the Creator -- Peter Martyr Vermigli and the natural knowledge of God the Creator -- Natural law in the thought of Johannes Althusius -- Francis Turretin and the natural knowledge of God the Creator.

This article investigates the use of natural law in biolaw from the specific perspective of an attorney practising before the European Court of Human Rights. Starting from an exploration of the question of who is a human and thereby to be protected under the European Convention on Human Rights (ECHR), particular emphasis is placed on the right to life under Art. 2(1) ECHR. It is shown that natural law can – and should – impact the interpretation of the European Convention (...) on Human Rights and that concrete consequences follow from this approach, most notably the requirement to ensure that every human being, including the unborn, is actively protected as concerns the right to life. (shrink)

This paper explores conservative Christian demands that religious-based objections to providing services to lesbians and gay men should be accommodated by employers and public bodies. Focusing on a series of court judgments, alongside commentators’ critical accounts, the paper explores the dominant interpretation of the conflict as one involving two groups with deeply held, competing interests, and suggests this interpretation can be understood through a social property framework. The paper explores how religious beliefs and sexual orientation are attachments whose power has (...) been unsettled by equality law. But entangled with this property is another—that held in workers’ labour and public bodies’ resources. Arguing against the drive to balance competing interests, the paper uses social property to illuminate the agonistic character of the stakes. At the same time, it questions property as a normative framework for sexual orientation and religious beliefs. (shrink)

Halakhah and ethics in the Jesus tradition -- Matthew's divorce texts in the light of pre-rabbinic Jewish law -- Let the dead bury their dead : Jesus and the law revisited -- James, Israel, and Antioch -- Natural law in Second Temple Judaism -- Natural law in the New Testament? -- The Noachide commandments and New Testament ethics -- The beginning of Christian public ethics : from Luke to Aristides and Diognetus -- Jewish and Christian public ethics in the early (...) Roman Empire. (shrink)

The first part of this paper, published in the previous issue of the review was intended to expose the religious origins of the duality between 'Spirit' and 'Letter' as well as its meaning in the general philosophical context of early German idealism. This second and final part of the paper is focused on the ethical implications of this question, since the opposing of the 'Spirit' of Kant's System to its 'Letter', backed by frequent references to the Christian fulfillment of the (...) Mosaic Law through love or faith, represented one of the principal resources of contemporary critiques of his moral philosophy. The final consequence of this line of criticism of Kant lies in the suppression of the authority of a transcendent moral norm. This step which at the same time abolishes the authority of the text, and hence the reverent attitude of the commentary as a literal genre, can be observed as early as in Hegel's theological youth writings, which advocate the suppression of the transcendent moral law by means of its integration in free subjectivity which exists in the community of believing Christians. (shrink)

The article surveys and analyzes the roles in Judaism of the value of imago Dei/human dignity, especially in bioethical contexts. Two main topics are discussed. The first is a comparative analysis of imago Dei as an anthropological and ethical concept in Jewish and Western thought (Christianity and secular European values). The Jewish tradition highlights the human body and especially its procreative function and external appearance as central to imago Dei. The second is the role of imago Dei as a (...) moral value relative to others. In rabbinic Judaism, respect for human dignity is not the primary moral maxim; it is secondary to the value of neighborly love and sometimes to other moral laws and values. (shrink)

The article is dedicated to the politico-theological critique of Judaism from the position of Christianity. It shows the affinity of Marx’s early critique of liberal state and of Hannah Arendt’s criticism of formal legalistic thinking in the contemporary judicial treatment of Nazism (and of similar international political crimes). Marx’s critique of nation-state finds its unlikely continuation in Arendt’s critique of international law. The politico-theological argument is explicit in Marx and implicit in Arendt, but both develop the Hegelian criticism of (...) liberal state which shows its reliance on the abstract law, on the one hand, and on the egotistic abstract individual, on the other. The theological undercurrent of the argument is both sign of its limitations, and of the subsisting relevance of the politico-theological framework, even in the similarly novel circumstances of the twentieth century. It is only within and through the theological critique and critique of theology that these issues would stand a chance of resolution. (shrink)

The changing situation in South Africa and Eastern Europe prompts Charles Villa-Vicencio to investigate the implications of transforming liberation theology into a theology of reconstruction and nation-building. Such a transformation, he argues, requires theology to become an unambiguously interdisciplinary study. This book explores the encounter between theology, on the one hand, and constitutional writing, law-making, human rights, economics, and the freedom of conscience on the other. Placing his discussion in the context of the South African struggle, the author compares this (...) situation to that in Eastern Europe, and the challenge of what is happening in these situations is identified for contexts where "the empire has not yet crumbled.". (shrink)

Mainstream currents within Christianity havelong insisted that humans, among all creatures, areneither fully identified with their physical bodiesnor fully at home on earth. This essay outlines theparticular characteristics of Christian notions ofhuman nature and the implications of this separationfor environmental ethics. It then examines recentefforts to correct some damaging aspects oftraditional Christian understandings of humanity''splace in nature, especially the notions of physicalembodiment and human embeddedment in earth. Theprimary goal of the essay is not to offer acomprehensive evaluation of Christian (...) thinking aboutnature but rather to identify theological anthropologyas a crucial dimension of, and problem for, Christianenvironmental ethics. (shrink)

The Intellectual Foundations of Christian and Jewish Discourse is a unique and controversial analysis of the genesis and evolution of Judeo-Christian intellectual thought. Jacob Neusner and Bruce Chilton argue that the Judaic and Christian heirs of Scripture adopted, and adapted to their own purposes, Greek philosophical modes of thought, argument and science. Intellectual Foundations of Christian and Jewish Discourse explores how the earliest intellectuals of Christianity and Judaism shaped a tradition of articulated conflict and reasoned argument in the search (...) for religious truth and focuses especially on methods of discourse in the Judaic and Christian intellectual and literary traditions. (shrink)

Reproductive medical technology has revolutionized the natural order of human procreation. Accordingly, some have celebrated its advent as a new and liberating determinant of kinship at the global level and advocate it as a right to reproductive health while others have frowned upon it as a vehicle for “guiltless exchange of sexual fluid” and commodification of human gametes. Religious voices from both Christianity and Islam range from unthinking adoption to restrictive use. While utilizing this technology to enable the married (...) couple to have children through the use of their own sexual material is welcome, the use of third party, surrogacy, and reproductive cloning are not in keeping with the sacrosanct principles of kinship, procreation through licit sexual intercourse, and social cohesiveness for building a cohesive family as uphold by both Christianity and Islam. To examine such larger issues emanating from these new ways of human procreation, beyond the question of legality, is a point which legal scholars in both Christianity and Islam, when issuing religious decrees, have not anticipated sufficiently. The article proposes to be an attempt to that end through a qualitative critical content analysis of selected literature written on the subject. (shrink)

The aim of this paper is to present and analyse legal acts cited in the European Parliament resolution of 20 January 2011 on the situation of Christians in the context of freedom of religion. The author presents the substance of the right to religious freedom and the position of religious freedom among other human rights. The paper also shows the formation of European law on religious freedom and grasps the development trends in this area. Because of the discrepancies that arise (...) when translating the same foreign terms into the Polish language, in order to better explain the content of the cited documents, the texts are also given in English language. The article is the summary of basic legal regulations relevant to reflect on religious freedom at EU level. Compiled materials may be useful to continue the reflection on religious freedom. (shrink)

In his 2001 book, With the Grain of the Universe, Stanley Hauerwas has made an extended case for Karl Barth as the model for how to do Christian ethics, and for Reinhold Niebuhr as the model for how not to do it. Though Barth's closer and deeper theological connection to the Christian tradition appeals to a Jewish traditionalist by analogy, nevertheless, Niebuhr's approach to social ethics, based as it is on a version of natural law, is of greater appeal. That (...) is because it is more philosophically arguable in a secular society and culture, and because it is more politically effective there. It is what made Niebuhr a more effective opponent of Nazism than was Barth. Also, Niebuhr's version of natural law is not a christianized version of Stoic natural law teaching but, rather, a profound use of the biblical prohibition of idolatry, having heretofore unnoticed affinities with rabbinic developments of that prohibition. (shrink)

In the Ethics, Abelard discusses the example of a judge who knowingly convicts an innocent defendant. He claims that this judge does rightly whenhe punishes the innocent man to the full extent of the law. Yet this claim seems counterintuitive, and, at first glance, contrary to Abelard’s own ethical system. Nevertheless, I argue that Abelard’s ethical system cannot be viewed as completely subjective, since the rightness of an individual act of consent is grounded in objective standards established by God. Likewise, (...) any particular civil government must derive its authority objectively from the natural and/or Christian laws, which ground its possibility and function. In this paper, I examine Abelard’s explication of the natural law, discoverable through reason, and the divine laws, knowable only through revelation, in order to explore what form an adequate civil law would have to take under which the judge could be said to have acted rightly. (shrink)

We can describe certain actions as defective in a particular virtue, for example, as “unjust” or “intemperate.” We can take the additional step of describing such actions as “morally wrong” or “contrary to moral obligation.” A key claim of Elizabeth Anscombe's “Modern Moral Philosophy” is that if we choose to describe virtue-defective actions as “morally wrong,” because we are “obliged” or “bound” or “required” not to do them, we are in fact taking an additional step and that this step stands (...) in need of explanation. Just what, if anything, is added to the description of an action as “unjust” when we say there is an obligation not to do it? Anscombe thinks “the answer is in history: between Aristotle and us came Christianity, with its law conception of ethics.”1In this paper, I shall confront this question in two parts. First, I will consider the possibility, argued for by Simon Blackburn, that Anscombe's historical explanation cannot answer this question because her history is based on the false premise that the Greeks do not possess the “moral ought.” Describing an action as contrary to obligation may (or may not) still add something to “unjust,” but historical genealogy of Anscombe's sort will not shed any light on the question. Since I think that Blackburn's arguments, although important, are not conclusive, I will proceed to consider the implications of Anscombe's own view of what talk about obligation adds to descriptions of actions as defective in virtue. This will require elaboration of her cryptic Wittgensteinian remark that “it really does add something to the description ‘unjust’ to say there is an obligation not to do it; for what obliges is the divine law—as rules oblige in a game.”2. (shrink)

‘The one who peers into the perfect law of freedom and perseveres, and is not a hearer who forgets but a doer who acts, such a one shall be blessed in what he does’ (James 1:25). Freedom, in one sense of the word or another, is a central theme of the bible, the Old Testament as well as the New. During the Middle Ages, Christian theologians developed this theme into a doctrine of the natural right of freedom of the individual (...) or natural person and made it into a moral and intellectual bulwark against the encroachments of the modern state. The classical liberal or libertarian tradition in Western political thought, from John Locke to the American Founding Fathers to Friedrich Hayek and Murray Rothbard, owes an immense debt to the likes of Thomas Aquinas, Jean Gerson, Francisco de Vitoria, Juan de Mariana and Batholomé de las Casas. Not coincidentally Christianity and classical liberalism together went into rapid decline towards the end of the nineteenth century and especially in the globalisation of European wars in the twentieth century. At that time, mass democracy and national expediency became the pretexts of choice to subvert constitutional limitations on the use of political power. The decline was not halted —was perhaps even accelerated—when Christians and liberals alike began to adopt ‘social doctrines’ and the advocacy of social policies that only confirmed the impression that there is no salvation outside the state. However, I do not intend to describe the historical linkages between classical liberalism and Christianity. Instead I shall try to explicate their relevant common concept of personal freedom and trace its role in some of the central stories of the bible, those that purport to be direct reports of the actions and words of God or Jesus Christ. I am not concerned here with the stories about the Jews or with the reports of what prophets and apostles said about the meaning and relevance of the divine words and actions. Important as they are for understanding the Jewish and the Christian traditions, they already are historical expressions and applications of religious beliefs rather than expositions of the story to which those beliefs refer.. (shrink)

Abelard’s most famous spokesman for the ancient and abiding moral and religious worth of the Law of Moses is probably the character of the Jew, inventedfor one of two fictional dialogues in the Collationes. The equally fictive Philosopher, a rationalist theist who gets the last word in his exchange with the Jew, condemns the Law as a useless addition to the natural law, a threat to genuine morality with a highly dubious claim to divine origin. The Philosopher’s condemnation, however, does (...) not go unanswered. Abelard himself, writing in his own voice in two major treatments of the Law (the Sermon for the Feast of the Circumcision and the Commentary on the Letter of Paul to the Romans), defends the ancient worth of the Law as a revolution in moral understanding and a potential guarantor of salvation. The Law is just and rational, he argues, in every one of its precepts, even when interpreted according to the letter. As such, the letter of the Law has been and ought to be retained in Christianity: its moral precepts are binding everywhere and always; its non-moral precepts are binding, when, in the changing circumstances of the Church, they are found to be useful and not conducive to scandal. (shrink)

This paper suggests an alternative reading of Practice in Christianity to Merold Westphal’s interpretation of the text as defining what he calls “religiousness C.” Attending closely to the rhetorical construction of Practice, and situating it in the context of Kierkegaard’s intensive reading of Luther late in his life, I argue that this text extends the Postscript’s meditation on inwardness and writing to one of the central theological constructs of Lutheranism, the distinction between law and gospel. On my reading, Practice (...) both defends the primacy of faith and grace within Christianity, and refuses their commodification into directly communicable results. At the end of this paper, I consider Kierkegaard’s seeming retraction, in 1855, of two rhetorical features of Practice that my reading emphasizes. Iconclude that this gesture in fact intensifies Kierkegaard’s appropriation of the law/gospel paradigm, and speaks to the impossibility of any direct, comprehensive, and final account of authentic Christian life. (shrink)

In his essay ‘The Deconstruction of Christianity’, Jean-Luc Nancy identifies Christianity with the heart of the West, thus following René Girard's claim that Christianity is the religion that exposes the workings of scapegoating and mimetic violence that drive most religions and cultures. However, in On Touching, Derrida distances himself from Nancy's project, and I argue that this is precisely because he is aware that a straightforward embrace of the deconstruction of Christianity is a ruse, as it (...) will end up in a Christian victory that ultimately overcomes deconstruction. The problem, however, is that a simple opposition to Christianity is also insufficient because it gets caught in a similar trap where Christianity ultimately wins (religion will always triumph, as Lacan says). The workings of this ‘trap’ will be explored through a reading of Derrida's essay ‘What is a Relevant Translation?’ and particularly his discussion of Shylock's situation in Merchant of Venice, where Derrida recognizes the ruse of Christianity in its ability to trump Shylock's literal translation of the law, but still he ‘insist[s] on the Christian dimension’. Why? To answer this question this paper turns to another: how do we survive Christianity? (shrink)

The charge of Hobbism assumes a prominent position in some accounts of Locke's thought. This essay argues that the charge is misconceived, not least because it fails to appreciate the true character of Hobbes's thinking and its relation to Locke's. Hobbes's architectonic retains the traditional intellectual structure of natural law thinking, articulating it around the demands of his metaphysics in ways important for his political theory. Locke decisively rejects this structure and in doing so opens up the conceptual space that (...) makes his own, very different political theory possible. At the same time, the essay establishes how Locke's account of natural law implies, and receives support from, views of Jesus Christ and Christianity quite different to those preferred by his contemporaries -- including Hobbes -- but consonant with the demands of his political theory. (shrink)

This book describes the shape of a Christian ethic that arises from a conversation between contemporary accounts of natural law theory, and virtue ethics. The ethic that emerges from this conversation seeks to resolve the tensions in Christian ethics between creation and eschatology, narrative and natural law, and objectivity and relativity. Black moves from this analytic foundation to conclude that worship lies at the heart of a theologically grounded ethic whose central concern is the flourishing of the whole human person (...) in community with both one another and God. (shrink)

In "The Law of Peoples" John Rawls casts his proposals as an argument against what he calls "political realism." Here, I contend that a certain version of "Christian political realism" survives Rawls's polemic against political realism sans phrase and that Rawls overstates his case against political realism writ large. Specifically, I argue that Rawls's dismissal of "empirical political realism" is underdetermined by the evidence he marshals in support of the dismissal and that his rejection of "normative political realism" is in (...) tension with his own normative concessions to political reality as expressed in "The Law of Peoples." That is, I contend that Rawls, himself, needs some form of political realism to render persuasive the full range of normative claims constituting the argument of that work. (shrink)

The article deals with the relationship between theological ethics and moral philosophy. The former is seen as a theoretical reflection on Christian ethics, the latter as one on secular ethics. The main questions asked are: (1) Is there one and only one pre-theoretical knowledge about acting rightly? (2) Does philosophy provide us with the theoretical framework for understanding both Christian and secular ethics? Both questions are answered in the negative. In the course of argument, four positions are presented: theological unificationism, (...) philosophical unificationism, theological separationism and Lutheran dualism. It is argued that the latter position is most convincing. It is dual in the sense of being both a theory of Christian ethics and of including a recognition of natural law. Hence, it unites a particularistic and a universalistic point of view. In the last section a reformulation of the Lutheran position is attempted in making use of the ethical theory of Knud E. Løgstrup''s The Ethical Demand. (shrink)

Peter Abelard (1079-1142) was one of the most influential writers and thinkers of the twelfth century, famous for his skill in logic as well as his romance with Heloise. His Collationes--or Dialogue between a Christian, a Philosopher, and a Jew--is remarkable for the boldness of its conception and thought.

This paper responds to John Milbank's essay, `The Poverty of Niebuhrianism' in The Word Made Strange, in which Milbank critiques Reinhold Niebuhr's Christian realism for reliance on Stoic natural law thinking and its deficiency in regard to original sin. While Milbank rightly detects naturalism in Christian realism, this naturalism is inaccurately identified as Stoic in conception. Additionally, more detailed analysis of Niebuhr's thought reveals similarities between Niebuhr and Milbank on original sin, as this article seeks to demonstrate.

There is a long liberal political tradition of marshalling arguments aimed at convincing Christians that distinctively Christian reasons for issuing coercive laws are not sufficient to justify those laws. In the first part of this paper I argue that the two most popular of these arguments, attributable to Locke, will not reliably convince committed biblical Christians, nor, probably, should they. In the second part I argue that even if the Lockean arguments fail, committed biblical Christians should think that God has (...) authorized the state only to fill the same general role that political liberals have identified for it. (shrink)

This book critically and constructively explores the resources offered for natural law doctrine by classical thinkers from three traditions: Jewish, Christian, and Islamic. Three scholars each offer a programmatic essay on natural law doctrine in their particular religious tradition and then respond to the other two essays.